Calloway v. California Department of Corrections and Rehabilitation et al
FINDINGS and RECOMMENDATION to Dismiss Case for Failure to State a Claim, signed by Magistrate Judge Michael J. Seng on 8/7/17. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMISI JAMES CALLOWAY,
CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,
CASE No. 1:16-cv-01305-DAD-MJS (PC)
FINDINGS AND RECOMMENDATION TO
DISMISS CASE FOR FAILURE TO STATE
FOURTEEN DAY OBJECTION DEADLINE
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983.
On January 18, 2017, the Court dismissed Plaintiff’s complaint with thirty days
leave to amend. (ECF No. 12.) On February 6, 2017, Plaintiff filed a motion for
reconsideration of the Court’s screening order. (ECF No. 13.) On April 26, 2017, the
District Judge assigned to the case denied the motion for reconsideration and directed
Plaintiff to file his amended complaint within thirty days. (ECF No. 14.) On July 24, 2017,
no amended complaint having been filed, the undersigned Ordered Plaintiff to show
cause why his case should not be dismissed for failure to obey a Court order and failure
to state a claim. (ECF No. 15.)
On August 4, 2017, Plaintiff responded with “objections” to the Order to show
cause. (ECF No. 16.) It appears Plaintiff wishes to stand on his complaint. See Edwards
v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir. 2004) (plaintiff may elect to forego
amendment). In light of Plaintiff’s election, the screening order, and the District Judge’s
review of the complaint on the motion for reconsideration,
it is HEREBY
Plaintiff’s complaint (ECF No. 1) be dismissed with prejudice and without leave to
amend for failure to state a claim.
The findings and recommendation are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within
thirty (30) days after being served with the findings and recommendation, Plaintiff may
file written objections with the Court. Such a document should be captioned “Objections
to Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that failure to
file objections within the specified time may result in the waiver of rights on appeal.
Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923
F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
August 7, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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